twistinherb

I believe if there is a hung jury it would result in a mistrial and you would have to go through the process again with a new jury.

Anyone??

Niteshift

"How can it be against the law to inform a jury of their rights?"

It's not exactly a "right".

"Someone needs to challenge this, perhaps a former juror?"

It has been.

"Would it be against the law for mass media to educate the public on this?"

Nope, but jury nullification can be a two-edged sword.

It can be an all-white jury letting a white defendant go from a charge over killing a black man that was dating his daughter.

Get the idea? It's not always a good thing, which is partly why the courts don't allow it to be offered as an option.

"With the public opinion of MJ prohibition changing so much it would definately help if people knew about this! "

This is something I keep mentioning here..........remember, the whole justice system is not about mj legalization. Changing it around based solely on mj can have effects that reach beyond just mj cases.

"Here's my question...if you are called to the witness stand on your own behalf, could you make a remark about jury nullification while on stand?"

Sure you could. Then you'd get the chance to hear the judge declare a mistrial.

Your attorney can kind of guide them to vote their conscience, but not give them those instructions outright.

"I wonder how much his fame contributed to the acquittal. Famous, rich people seem to go to jail very rarely. cough, OJ, cough, cough."

Oh, you are sooooooo right!!! cough, cough, puffy, cough.

"Niteshift, does a hung jury also count as jury nullification? So that only one person would have to feel you should not be convicted and hang the jury?"

Twistinherb got it right. You can be re-tried with a hung jury. If you're found not guilty, you can't be (unless of course you're a cop and the feds want to score points, but that's a different story)

"Anyone know the answer to this?"

Judges vary, but most would declare a mis-trial.

"I believe if there is a hung jury it would result in a mistrial and you would have to go through the process again with a new jury. "

Correct Twistinherb...pick a prize from the middle shelf

Slightly Stoopid

I remember reading something on a Big Pro-Marijuana activist, and he used Jury Nullification, and his prosecuter simply told the jury, and the judge allowed it. I don't remember what his name was, Falchion(sp?). I think it was on this site as well.

__________________
Slightly Stoopid
"Before you knock it, try it first. You will learn that it is a blessing and not a curse"
-Ben Harper

Randøm_

Whether this is strictly a right (I believe so), I'll need to research this in strictly legal forums; I know it has been challenged and was considered as a "right", at least in layman's terms.

"Nope, but jury nullification can be a two-edged sword.

It can be an all-white jury letting a white defendant go from a charge over killing a black man that was dating his daughter."

True, but that happens anyway. Leave it to Mr. Niteshift to tell ya that your ignorance is for your own good (just pickin' on ya, Nite). Are you implying that we, the people, should be kept from our freedom of choice, as citizens and as jurors?

"Get the idea? It's not always a good thing, which is partly why the courts don't allow it to be offered as an option."

Ahhh, au contraire, it is allowed as an option, but not one that the jury can be informed of.

"This is something I keep mentioning here..........remember, the whole justice system is not about mj legalization. Changing it around based solely on mj can have effects that reach beyond just mj cases."

Since law is to be for the people and by the people, the people would then be able to make their own laws!!! Wait a sec ... aren't we supposed to anyway? What the he!!, let's not convict anyone of laws we disagree with.

"Oh, you are sooooooo right!!! cough, cough, puffy, cough."

Achoooo...and the LAPD , hacking cough.

"Twistinherb got it right. You can be re-tried with a hung jury. If you're found not guilty, you can't be (unless of course you're a cop and the feds want to score points, but that's a different story)"

Do I detect Niteshift feels subject to abuse by the feds? Oh my, perhaps he can relate to our plight with police.


"I believe if there is a hung jury it would result in a mistrial and you would have to go through the process again with a new jury. "

"Correct Twistinherb...pick a prize from the middle shelf "

Okay, Niteshift, you gave away the prize and now must reimburse the difference between that and a cookie. In these cases, it's often left up to attorneys to file for a mistrial. Sometimes the judge agrees with the motion/petition from the attorney and sometimes does not. ...and sometimes no one wants the bother to retry the case at all.

Niteshift

"Are you implying that we, the people, should be kept from our freedom of choice, as citizens and as jurors?"

Try just reading what I said, not reading INTO what I said.

"Ahhh, au contraire, it is allowed as an option, but not one that the jury can be informed of. "

You didn't read what I wrote Random....."...which is partly why the courts don't allow it to be offered as an option." I never said it wasn't allowed. I said it wasn't offered

"Achoooo...and the LAPD , hacking cough."

Ummm, I missed the connection. We were talking about people using their fame to get off.

"Do I detect Niteshift feels subject to abuse by the feds? Oh my, perhaps he can relate to our plight with police. "

You don't know do you?

"Okay, Niteshift, you gave away the prize and now must reimburse the difference between that and a cookie."

Give her a refund. Her answer is right, just not as technical.

mirage

what did woody get busted for?

Randøm_

Lol, cultivation of marijuana in Kentucky, and was found not guilty though it was obviously done by him. Yayyyyy Woody

twistinherb

The way I see it, we have a problem with our court systems anyway. Regardless of whether the "loophole" of jury nullification exists, there are far too many people who just don't care. That's what it all comes down to IMHO.

There are far too many people who would gladly sit on a jury for a case that drags on forever so they can collect that whopping $50 a day for their time. Rather than listening to the case they're daydreaming about what they will be doing when "all of this is over". Have you ever looked into the jury box? Ever notice how many people look as if they would rather be gutting a fish than there?

We have more rights in this country than (I believe) any other in the world. Yet, we allow ourselves to be persecuted over a plant simply because we are "too busy" to become involved. Too busy to pay attention and too busy to care...until it happens to us.

Maggie

[We have more rights in this country than (I believe) any other in the world. Yet, we allow ourselves to be persecuted over a plant simply because we are "too busy" to become involved. Too busy to pay attention and too busy to care...until it happens to us.

I couldn't agree more. I hate to admit it but I was one of those people till I got hit with urine drug testing to get a job. The consequences of not getting the job were severe enough for me to stand up and take notice and think why is this happening to me just because I smoke some pot in the privacy of my own home in a resposible manner?! So yeah, now I examine the isuues surrounding the prohibition of MJ very closely and you can bet I will not vote into any office anyone who supports this ridiculous prohibition, from president right down to the county level. Will I now make sure I show up at the polls? Absolutely.

Call me for jury duty and please let it be a case where some pot smoker is being persecuted because MJ is illegal. At the very least it will be a hung jury, you can bet on that.

Maggie